succeed to the office of President upon the death, resignation or removal of the incumbent and serve in that office for the remainder of that term. In the absence of the President from a meeting of the Central Council the Vice Presidents shall preside in order of their designation.

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Section 3.-The President and the six Vice Presidents of the Central Council shall elect one of the Vice Presidents to act in the capacity of Secretary to the Central Council. It shall be the responsibility of the Secretary to see that an accurate record be kept of all action taken and of business conducted by the Central Council or its officers. He shall promptly transmit copies of all minutes of meetings and resolutions of the Central Council and its officers, to all local Tlingit and Haida Community Councils, and to any Tlingit or Haida upon request. Any other records of the Central Council shall be available for inspection at the main office of the Council during business hours. The Secretary shall also attest the signature of the President or other authorized officer on legal documents executed for or on behalf of the Central Council as the general government of the Tlingit and Haida Indians of Alaska.

Section 4.-The six Vice Presidents of the Central Council shall elect one of their members to act in the capacity of the Treasurer to the Central Council, who shall act in that capacity only to conduct ordinary Central Council business.

ARTICLE VIII-FUNCTIONS OF THE EXECUTIVE COMMITTEE

When the Central Council is not in session the Executive Committee whether assembled or not shall possess all of the powers of the Central Council and shall be able to do all things and take all actions which the Central Council could without limitation, except that the Executive Committee shall not have the power to take any action which would constitute a repudiation or negation of action taken by the Central Council at its last meeting. The Executive Committee shall act by a majority of its members.

ADOPTION AND AMENDMENT

Section 1.-This constitution shall be in force and effect from the time of its adoption by vote of a majority of the delegates elected to the Central Council. Section 2.-Amendments to the constitution shall be submitted to delegates thirty days prior to the convention. A majority vote will be required to amend. If there is no prior notice, a two-thirds vote of delegates will be required.

COMMUNITY COUNCIL PRESIDENTS

Harris Atkinson, Jr., President, Metlakatla T-H Community Council, Metlakatla, Alaska.

Pelican T-H Community Council, Pelican, Alaska.

Petersburg T-H Community Council, Petersburg, Alaska.

Irene B. Johson, President, Saxman T-H Community Council, P.O. Box 35, Ketchikan, Alkasa.

James Price, President, Washington Chapter, T-H Community Council, 111 North Second, Kent, Wash.

Isabella Brady, President, Sitka T-H Community Council, P.O. Box 4200, Mt. Edgecumbe, Alaska.

Roy Martin, President, Wrangell, T-H Community Council, P.O. Box 406, Wrangell, Alaska.

Evelyn Anderson, President, Yakutat T-H Community Council, P.O. Box 122, Yakutat, Alaska.

Martha J. Benzel, President, T-H Community Council, P.O. Box 122, Citation Road, Eagle River, Alaska.

Charlie Jim, Sr., President, T-H Community Council, P.O. Box 67 (threw Secretary), Angoon, Alaska.

Chris E. McNeil, Jr., President, T-H Community Council, 95-C Escondido Village, Stanford, Calif.

(Summer only). Chris E. McNeil, Jr., President, 723 West 10th Street, Juneau, Alaska.

Florence Mielke, President, T-H Community Council, P.O. Box 89, Craig, Alaska.

Walter Clayton, President, T-H Community Council, P.O. Box 364, Haines, Alaska.

Frank See, President, T-H Community Council, P.O. Box 136, Hoonah, Alaska. Brian Burgess, President, T-H Community Council, General Delivery, Hydaburg, Alaska.

Al McKinley, President, T-H Community Council, 816 Dixson Street, Juneau, Alaska.

Tlingit & Haida Community Council, Kake, Alaska.

Louis Thompson, President, T-H Community Council, General Delivery, Kasaan, Alaska.

Charles Nelson, President, T-H Community Council, P.O. Box 945, Ketchikan, Alaska.

Klawock Tlingit and Haida Community Council, Klawock, Alaska.

Joe Hotch, President, Klukwan T-H Community Council, P.O. Box 525, Haines, Alaska.

U.S. DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SOLICITOR, Washington, D.C., June 20, 1969.

Memorandum.

To: Assistant Secretary, Public Land Management.
From: Solicitor.

Subject: Scope and applicability of the "Buy Indian" Act.

The attached letter, prepared by the Bureau of Indian Affairs to supplement the Secretary's response on February 27 to an inquiry from Senator Ted Stevens regarding the applicability of the so-called "Buy Indian" Act (Act of June 25, 1910, § 23; 36 Stat. 861; 25 U.S.C. 47) to Alaska Native Developers, Inc., was submitted to us for legal review. For reasons discussed herein, we are unable to approve the letter as drafted.

Although the "Buy Indian" Act, or an analogous provision, has been on the books since 1886, and has been cited over the years as authority for an increasingly large number of varied Departmental action, to the best of our knowledge, this office has never been called upon to render an opinion on its scope and applicability. In light of the fact that we believe the act poses several rather complex legal and policy questions, some of which are immediately involved in the proposed letter to Senator Stevens, and others of which will be involved in several programs we understand the Bureau of Indian Affairs expects to institute in the near future, we shall take this opportunity to outline briefly what we view as the dimensions of the problem and its legal implications. Before doing so, however, a review of the legislative history of the act is necessary, since it appears that much of the current difficulty is the result of misunderstanding of its background and purpose.

1. LEGISLATIVE HISTORY OF THE ACT

The statutory provision commonly termed the "Buy Indian" Act is presently codified in Title 25 of the United States Code as Section 47. It states:

So far as may be practicable Indian labor shall be employed, and purchases of the products of Indian industry may be made in open market in the discretion of the Secretary of the Interior.

Our third major concern centers about the individuals or entities from whom goods and services are procured pursuant to the act. This matter is of particular importance since the Department has been receiving an increasing number of inquiries on this subject, one of the most recent of which is that of Senator Stevens, to which the attached proposed letter is a supplemental response.

The statute itself alludes to "Indian labor" and "the products of Indian industry", phrases which seem to be concerned with the nature of what is being procured rather than the identity of who is furnishing it. However, this language, particularly the reference to "Indian industry", is being administratively construed to limit the sources from which "Buy Indian" purchases may be made. In his August 12, 1968, position paper on the act, the Commissioner set out definitions of the terms "Indian" and "Indian industry" to be used by BIA personnel concerned with the "Buv Indian" program. These definitions, which, as far as we are aware, never received legal review, are still being utilized by the Bureau as guidelines in administering the act:

(1) Indian: A person of Indian descent who could be eligible for Bureau services.

(2) Indian Industry:

a. Indian tribes.

b. An individual Indian who is engaged in the manufacture or sale of the product or the furnishing of the services desired.

c. Firms controlled by Indians, of which at least 51% of the ownership is by Indians, irrespective of the location or of the labor force employed, which are engaged in the manufacture or sale of the product or furnishing of the services desired.

d. Firms leasing a tribal-owned facility, such as a coal mine, on an Indian reservation and specifically required to employ Indian labor (see 37 Comp. Gen. 368). Contracts with such firms shall require that preference in employment shall be given to local residents.

c. Individual Indians and firms described above who, at the time of the Government's requirement, are not engaged in the manufacture or sale of the product or furnishing of the services desired, but are qualified to commence and properly perform such activity upon award of a contract. We note that these definitions reflect the view that "Buy Indian" purchases must be made from an Indian industry, using the term "industry" to refer to an actual business entity or organization. The act itself does not speak of “an Indian industry", however, but refers simply to "products of Indian industry".

U.S. DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington, D.C., July 20, 1971.

Memorandum.

To: Area Director, Juneau Area Office.
From: Secretary of the Interior.

Subject: Contracting under the Buy Indian Act.

Enclosed are copies of letters from the Alaska Native Brotherhood and our reply concerning Buy Indian Act Contracting and the agreement with the Central Council of the Tlingit and Haida.

Competitive negotiation should be conducted on Buy Indian Act contracts when more than one source is available. We have been informed that the Commissioner's Office has informed you of the Alaska Native Brotherhood's interest in competing for such contracts and that competitive negotiation should be undertaken. I agree with that procedure provided those in competition meet the definition of Indian as provided in the Bureau manual.

In the meantime, we will look into the question raised about the Tlingit and Haida agreement.

Enclosures.

HARRISON LOESCH,

Assistant Secretary of the Interior.

U.S. DEPARTMENT OF THE INTERIOR,

BUREAU OF INDIAN AFFAIRS, Washington, D.C., March 3, 1976.

Memorandum.

To: Holders of 20 BIAM.

From: Commissioner of Indian Affairs.
Subject: Buy Indian Act Contracting.

Regulations that implement the Indian Self-Determination and Education Assistance Act (Public Law 93-638, 88 Stat. 2203) and set forth the requirements that must be followed in contracting with Indian tribes and tribal organizations for the operation of Bureau programs that serve them were published beginning on page 51282 of the November 4, 1975, Federal Register (40 FR 51282). Although contracts for such programs may only be entered into in accordance with the "Self-Determination" regulations, these regulations do not prevent the Bureau from using the "Buy Indian Act" (25 USC 47) for other purposes. Therefore, the purpose of this Bulletin is to briefly state the Bureau's policy on the use of the "Buy Indian Act", pending publication of regulations dealing therewith in the Bureau's Procurement Regulations (41 CFR 14H).

It is the Bureau's policy that all purchases or contracts be made or entered into with qualified Indian contractors to the maximum practicable extent. Before

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taking any procurement action, contracting officers shall first determine if there are any qualified Indian contractors within the normal competitive area that can fill the procurement requirement. Non-Indian contractors may be contacted only after it has been determined that there are no qualified Indian contractors within the normal competitive area that can fill or are interested in filling the procurement requirement.

For the purpose of this Bulletin, "Indian contractor" means a legal entity which is 100% Indian owned and controlled. "Indian" means a person who is a member of an Indian tribe or otherwise considered to be an Indian by the tribe with which affiliation is claimed. "Normal competitive area" means the geographic area within which competition is usually solicited in the filling of a procurement requirement.

As in the past, contracting officers shall:

(1) Determine prior to contracting that the contractor is eligible to receive a contract under the "Buy Indian Act".

(2) Obtain competition between Indian contractors when there is more than one that can fill the procurement requirement.

(3) Adhere to all applicable requirements in the Federal and Interior Procurement Regulations (41 CFR 1 as Supplemented by 41 CFR 14).

(4) Maintain a list of eligible Indian contractors within their respective areas and periodically furnish a copy thereof to all other Bureau contracting officers. (5) When appropriate, based on the type of procurement, include in the contract the percentage of work the contractor must perform with its own employees. (6) Make sure that the price of a contract awarded is fair and reasonable. Any questions concerning this Bulletin should be addressed to the Contracting Staff in the Washington Office.

Regulations implementing the Buy Indian Act are being prepared and should be issued within the next few months.

MORRIS THOMPSON, Commissioner of Indian Affairs..

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,

TRANSMITTAL

June 11, 1976.

1. This Transmittal Transmits: Additional pages to HUD Handbook 7440.1, Interim Indian Housing Handbook.

2. Explanation of Material Transmitted: A new paragraph 1-4 is added to the Handbook. This paragraph sets forth permissible methods for providing preference in the award of construction contracts to an Indian Organization or IndianOwned Economic Enterprise in accordance with Section 7(b) of the Indian SelfDetermination and Education Assistance Act.

3. Filing Instructions: Insert Pages 1-15 through 1-18, dated June 1976. JOHN B. RHINELANDER,

Acting Secretary.

a. Purpose

1.4 INDIAN PREFERENCE IN CONSTRUCTION CONTRACTING

This paragraph sets forth permissible methods for providing preference in the award of construction contracts under the Turnkey or Conventional Bid construction methods to an Indian Organization or Indian-owned Economic Enterprise in accordance with Section 7(b) of the Indian Self-Determination and Education Assistance Act. These methods for providing preference are authorized under section 805.204 (c) of the Indian housing regulation which permits the inclusion of special HUD-approved Indian preference requirements in the invitation for bids or requests for proposals.

b. Waivers of certain regulatory bidding requirements

Pursuant to the provisions of 24 CFR 899.101 the provisions of section 805.203 (c) requiring award under the Conventional method to the lowest responsible bidder, and the provisions of section 805.204 (c) stating that the additional Indian preference requirements therein authorized shall not result in a higher cost, are hereby waived to the extent necessary to implement the preference methods

authorized by this paragraph. The Department has determined that there is good cause for such waiver based on the following pertinent facts and grounds: Many comments to the Department have requested the institution of procedures to facilitate award of construction contracts under the Indian Housing Program to Indian Enterprises. It is intended to respond to these concerns by appropriate amendment to the Indian Housing Regulations. However, the Department believes that it is desirable to accumulate experience on the best method for implementing Indian preference in the award of contracts before implementing permanent changes in the regulation.

c. Definitions

(1) "Indian Organization or Indian-owned Economic Enterprise" ("Indian Enterprise") means either:

(i) an "Economic enterprise" as defined in Section 3(e) of the Indian Financing Act of 1974 (P.L. 93-262); that is "any Indian-owned . . . commercial, industrial or business activity established or organized for the purpose of profit: Provided, that such Indian ownership shall constitute not less than 51 percentum of the enterprise" or

(ii) a "Tribal organization" as defined in section 4(c) of the Indian SelfDetermination and Education Assistance Act (P.L. 93-638) that is: "the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.

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(2) "Tribal Bidder" means an Indian Enterprise owned 51% or more by members of the tribe which issues the advertisement. "Non-Tribal Bidder" means an Indian Enterprise other than a Tribal Bidder.

d. Methods for providing Indian preference

In general, the standard requirements of the Turnkey or Conventional methods (as stated in chapters 5 and 6 of this Interim Handbook) apply to advertisement and award of construction contracts. However, in addition to the standard procedures, the field office may approve use under Turnkey or Conventional Bid of any of the following four preference methods if the IHA so desires and if the use of such preference method is approved in advance by the governing body of the tribe:

(1) The advertisement will invite bids or proposals from Indian and nonIndian Enterprises, but the contract shall be awarded to the Indian Enterprise (Tribal or Non-Tribal Bidder) approved by HUD (i) whose bid, in the case of the Conventional method, is the lowest responsible Indian Enterprise bid and is no higher than 110% of the overall lowest responsible bid, or (ii) whose proposal, in the case of the Turnkey method, is the lowest acceptable Indian Enterprise proposal and is no higher than 110% of the overall lowest acceptable proposal.

(2) The advertisement will invite bids or proposals from Indian and nonIndian Enterprises, but the contract shall be awarded (i) to the lowest responsible bid or proposal from a Tribal Bidder approved by HUD, or (ii) if there is no such bid or proposal from a Tribal Bidder, to the lowest responsible bid or proposal from a Non-Tribal Indian Bidder approved by HUD, provided that in either case the bid or proposal shall not be higher than 110% of the overall lowest responsible bid or acceptable proposal.

(3) The advertisement will invite bids or proposals only from Indian Enterprises (Tribal and Non-Tribal Bidders) and the contract shall be awarded to the lowest responsible bid or the lowest acceptable Turnkey proposal from an Indian Enterprise approved by HUD.

(4) The advertisement will invite bids or proposals only from Indian Enterprises (Tribal and Non-Tribal Bidders), but the contract shall be awarded (i) to the lowest responsible bid or the lowest acceptable proposal from a Tribal Bidder approved by HUD that is no higher than 110% of the lowest responsible bid or the lowest acceptable proposal, or (ii) if there is no such bid or proposal from a